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Richard Moorhead
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The key thing for me is maintaining an emphasis between the structural and personal understandings of misconduct. Both have to be kept in mind. I've been doing work on in-house lawyers for some time (see here for a summary and we are working on a longer piece exploring the interview data referred to in the study as well as a more quantitative study which is part of an engagement process with the in-house community in the UK, see here for more details One of the things that I think emerges from this is that the way the business defines its attitude to risk; the lawyers own conceptualisation of their role; their knowledge (at quite a basic level) of what professional obligations are imposed on them; and, their own personal values and objectives drive behaviour. On the whole, I'd say the lawyers are not good at conceptualising their role as a professional and weaker still at institutionalising and managing that role. This weakness comes from the lawyers themselves - individually and collectively - as well as from their environments. I absolutely agree with Alice that we have to be asking her tougher intractable questions about, if you like, the exo-skeleton within which lawyers operate but we also need to encourage introspection.
Toggle Commented Oct 1, 2015 on Volkswagen's Lawyers at Legal Ethics Forum
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May 7, 2014